TERMS AND CONDITIONS:
An agreement made between the Owner and the Hirer whose particulars are entered overleaf. It is herby agreed as follows:
Section One: GENERAL CONDITIONS OF HIRE:
- The owner will let and the hirer will take on the hire motor vehicle described in section “3.0” overleaf, hereinafter referred to as “the Vehicle”
Duration of Hire:
- The term of hire shall be for the period as described in section “3.0” overleaf.
Persons who may drive the vehicle:
- The vehicle may be driven during the period of hire only by the Hirer and persons named in section “2.0” on the front of this form and only if they hold a current driver’s licence appropriate for the vehicle at the time when they are driving the vehicle.
Payments by hirer:
- The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in Clause 2 of this agreement, the hire charge at the rate referred to in section “1.0” overleaf.
- In addition to the payment referred to in Clause 4 of this agreement the Hirer shall pay to the Owner the insurance charge at the rate referred to in section “1.0” overleaf, for the insurance cover set out in clause 10 of this agreement.
- The Hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
- The Hirer shall ensue that:
- The water in the radiator and battery of the vehicle is maintained at the proper level.
- The oil in the vehicle is maintained at the proper level.
- The tyres are maintained at their proper pressure.
- The Hirer shall ensure that all reasonable care taken in handling and parking the vehicle and that it is left securely locked when not in use (Except when returned at airport)
Insurance acceptance & CDW:
- Subject to the exclusions set out below, the Hirer and any driver authorized to drive the vehicle is fully indemnified in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the Hirer and any driver authorized to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability he might have for damage to any property (Including injury to any animal) belonging to any other person and arising out of the use of the vehicle.
Exclusions (Also refer to Clause 3 of the Owner’s Conditions of Hire)
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
- The driver of the vehicle is under the influence of alcohol or any drug that affects his/her ability to drive the vehicle.
- The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle.
- The vehicle is operated in any race, speed test, rally or contest.
- The Hirer is not a body corporate or department of State and the vehicle is driven by any other person named in Section “2.0” on the front of this form.
- The vehicle is driven by any other person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for that vehicle.
- The vehicle is willfully or recklessly damaged by the Hirer or any other person named in Section “2.0” on the front of this form, or driving the vehicle under that authority of the Hirer, or is lost as a result of the willful or reckless behaviors of the Hirer or any such person.
- The vehicle is operated on any roads that are unworthy for driving.
- The vehicle is operated outside the term of the hire or any agreed extensions of that term.
- The Hirer acknowledges that he is liable for damages or loss to the extent indicated under the heading “Insurance Acceptance or Rejection, Liabilities and Exclusions” on the front of this contract. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
Rejection of Insurance:
- If Insurance is rejected the Hirer accepts by his/her signature on the front of this form that the vehicle is hired to him/her own risk in respect of loss or damage to the vehicle and consequential loss by the Owner. The Hirer by his/her signature on the front of this form accepts that he/she may be liable to the Owner for any loss of or damage to the vehicle and consequential loss. If Insurance is rejected the Hirer accepts by his signature on the front of this form that he has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
- The Owner shall supply the vehicle in a safe and roadworthy condition.
- The Owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Hirer. NOTE: By virtue of Clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the Hirer.
Mechanical repairs and Accidents:
- If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise the owner of the full circumstances by telephone or e-mail as soon as practicable.
- The Hirer shall not arrange or undertake any repairs or salvage without the authority of the Owner except that the repairs or salvage are necessary to prevent further damage to the vehicle or to the other property.
- The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
Use of the Vehicle:
- The Hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner .
- The Hirer shall not:
- Sublet or hire the vehicle to any other person.
- Permit the vehicle to be operated outside his authority.
- Operate the vehicle or permit it to be operated in any race, speed test, rally or contest.
- Operate the vehicle or permit it to be operated to propel or tow any other vehicle
- Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle.
- Drive or permit the vehicle to be driven by any other person if at the time of his/her driving the vehicle the Hirer or other person is not the holder of a current driver’s licence appropriate for the vehicle.
Return of Vehicle:
- The Hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the address from which the vehicle was hired or to such place of business of the Owner or the Owner’s agent as may be agreed upon or obtain the Owner’s consent to the continuation of hire.
Immediate Return of vehicle where Default or Damage:
- The Owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the Hirer fails to comply with any of the terms of this agreement or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the Owner and the rights of the Hirer under this agreement or otherwise.
Section Two: OWNERS CONDITIONS OF HIRE:
- Duration of Hire
- The hire shall be for the period specified overleaf and the Hirer must return the vehicle together with all tyres, tools, accessories and equipment in the same condition as received, normal wear and tear excepted, to the place and on the date specified overleaf, or sooner if demanded by the Owner (such demand not to be made by the Owner without reasonable cause).
- If the vehicle is retained over the agreed period of hire, without notifying the Owner, the Hirer renders himself liable to arrest for unlawful conversion. At the discretion of the Owner time in excess of that agreed will be charged at the hourly rate as fixed by the Owner’s scale of charges.
- If the Hirer fails to return the vehicle to the agreed drop off location, he shall be liable to the Owner for all reasonable charges incurred in the collection or relocation of the vehicle including the cost to the Owner of employing agents to track the whereabouts of the vehicle and all monies held on behalf of Hirer will be retained to defray expenses incurred.
- Hirer’s Obligations
- The Hirer may not attach any item or equipment to the vehicle unless written agreement is first granted to the Hirer by the Owner.
- Insurance Exclusions
- The Hirer is responsible for all windscreens Damage/Replacement and Tyre damage/Replacement costs and also punctures.
- The Hirer chooses to refuse the insurance cover offered and has signed the insurance rejection and liability clause overleaf.
- The vehicle through neglect, misjudgment of dimensions or inattention or is damaged by the Hirer or any other person names as drivers within this agreement, or is lost as a result of the neglect, misjudgment of dimensions or inattentive behavior of the hirer or any such person.
- The Hirer is involved in more than 1 incident, in which case all original insurance acceptances under “Insurance Acceptance or Rejection, Liabilities and Exclusions” are rendered and void and the $2000 will apply.
- Payments By Hirer
The Hirer is expressly responsible to pay the Owner on demand:
- All fines and Court costs for parking, traffic or other offences incurred in relation to the vehicle by the Hirer or the Owner from the commencement of this agreement until the vehicle is returned except where caused through the fault of the Owner.
- All loss or damage to the vehicle and contents, except where caused through the fault of the owner, or previously noted on the vehicle check sheet provided to and signed by the Hirer, or unless exempted by the Hirers acceptance of insurance and exclusions sections of this agreement.
The Owner may require payments of damage and cleaning bonds by the Hirer when this agreement is signed. These ae refundable in full to the Hirer on completion of the hire when the vehicle is returned to the Owner provided no uncleanliness, loss or damage has occurred, and after the deduction there from all due charges.
- Damage Bond- The Hirer shall pay a damage bond or agrees to his/her credit card being used as security for all under body, overhead, exterior and interior damage to the vehicle and its contents, which may be caused willfully, recklessly, or through neglect or misjudgment of dimensions as set out within the Insurance and Exclusions clauses of this agreement.
- Cleaning Bond – The Hirer shall ay a cleaning bond or agrees to his/her credit card being used as security for all additional cleaning or repair charges which may be incurred to the vehicle interior and accessories (Smoking, Sand and Fish Smells). Fair wear and tear accepted the vehicle must be returned in a reasonably clean condition.
- In the event of the Hirer committing a breach of any term or condition contained in this rental agreement all monies including bond payments held on behalf of the Hirer will be retained to defray expenses incurred. The Hirer authorizes the Owner to process any credit card payment to the credit card specified in Section “1.0” overleaf, on Hirer’s behalf for any charges incurred.
- Damage, Accident and Loss
- Prior damage: Before taking collection of the vehicle, the Hirer is advised to check for himself that any damage on the vehicle has been noted on the check sheet provided. If any dispute shall arise as to whether or not damage was occasioned
prior to or during the hiring, the Owner’s note or absence of note of any damage shall be taken as conclusive evidence of condition of the vehicle as the commencement of the rental.
- Accidents: The hirer must inform the Owner within 24 hours of any loss or damage occurring to the vehicle or of any fault, reasonably requiring repair, developing therein and must not in the case of damage or fault which makes the vehicle unroadworthy or liable to cause danger to any person or property, use the vehicle until such damage or fault has been repaired or corrected. Authorization for expenditure in excess of $100 must be obtained from the Owner prior to the commencement of the repair. Telephone numbers and e-mail address are listed on the front side of the Rental Agreement.
- Loss: The Owner shall not be liable for loss or damage to any property left, stored or transported by the Hirer or any other person on or upon the vehicle either before or after the return thereof to the Owner. The Hirer hereby agrees to hold the Owner harmless from and indemnify the Owner against all claims based upon or arising out of such loss or damage unless caused by the negligence of the Owner.
- An immediate Police or Traffic department report is essential on all damage and loss involving other vehicles, property or persons or the Comprehensive Damage Waiver (CDW) is void and all the monies held on behalf of the Hirer, or the credit card specified in Section “1.0” overleaf, will be retained or used to defray expenses incurred.
- In the event of damage rendering the vehicle unusable there is absolutely no guarantee given that a replacement vehicle can or will be provided.
- Return of Vehicle
- The Hirer will, at the expiration of the term of hire, peacefully give up possession of the said vehicle to the Owner at the Owner’s place of business, or to the Owner’s agent at the agent’s place of business, and will, if the said vehicle is not so returned, obtain the consent of the Owner to his continuing the hire to a later date and time, agreeing to pay such further charges therefore as may be fixed by the Owner’s scale of charges, and failing his so doing or, as the case may be, failing his returning the said vehicle at the later date and time, whichever is the earlier, the Owner will be entitled to treat such failure to return the said vehicle as a breach of contract.
- No refunds shall be given if the vehicle is returned prior to the expiry date of the original rental period shown overleaf.
- If for any reason the vehicle described overleaf is not available at the commencement of the hiring, the Owner shall have the right to replace the vehicle with an alternative vehicle of similar seating capacity and performance. If no such vehicle is available then the Hirer shall be repaid any rental charge or deposit paid by him but otherwise he shall have no claim of any kind against the Owner.
- No action or statement by the Owner or his employees or agents, unless endorsed hereon, shall be deemed to be a waiver of any condition of this agreement.
- Cleaning Charge (Interior) – Unreasonably soiled
- Fuel Charge (Charged at prevailing rate + $20 surcharge fee)
- Car damages (Charged based on panel beater quote & replacement parts)
Call-Outs (Roadside Assistance)
- Replacement Keys Charge – $50.00
- Flat Battery Charge – $40.00
- Locked keys in Car – $40.00
- Punctured Tyres – $40.00
- Towing fee (Off road) – $100.00
- Fish smell in vehicle – $100.00
- Smoking in vehicle – $100.00
- Replacement of Electronic Keys Charge – $500